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HomeMy WebLinkAbout85-85 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: ) ) Granting Rezoning of Land) ORDINANCE NO. 85 from R-15 (Single-family) Residential) to P-1 ) (Planned Unit District) ) and Amending the Zoning ) Map of the City ) ) The City Council of the City of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the approximately 63 acre parcel located at the eastern terminous of Tunbridge Road (Assessor's Parcel Number 207-050-005) and shown on the attached Exhibit B is rezoned from the R-15 (Single-family Residential to the P-1 (Planned Unit) District. Rezoning is based upon the approved development plan for PUD 85-9, as conditioned by the requirements listed in Exhibit A. SECTION 2. Zoning Map. The zoning map of the City of Danville is amended accordingly. SECTION 3. Publication. The City Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation of b) have a summary of this ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 days after adoption. SECTION 4. Effective Date. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville held on FeSrua%y 3rd' , and was adopted and ordered published at a meeting of the Council held on February Z0 , 1985, by the following vote: AYES: ~nnett, Lane, McNeely, Offenhartz, Schlendorf NOES: NOne ABSTAIN: None ~~/~t /~/V ~~ MAYOR / ? - . . ~ / ATTEST: , CITY~LERK EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL REVISED TENTATIVE MAP 6675 PRELIMINARY AND FINAL DEVELOPMENT PLAN FOR PUD 85-9 FINDINGS The Planning Commission of the City of Danville makes the following findings in support of the proposed Tentative Map and Preliminary and Final Development Plan (SD 6675 and PUD 85-9). 1. The Revised Tentative Map and Final Development Plan together with the design and improvement of the proposed subdivision are consistent with the Sycamore Valley Specific Plan and the General Plan. 2. The site is physically suitable for the type and proposed density of development. 3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 5. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. 6. An Environmental Impact Report was prepared for the Sycamore Valley Specific Plan and certified by Contra Costa County in 1981, and an addendum to this EIR was prepared and approved by the City of Danville in 1985. 7. That development as proposed is designed to take place as far beneath the adjacent ridgeline as is practicable consistent with the provisions of the Sycamore Valley Specific Plan. -A1- CONDITIONS OF APPROVAL 1. This approval is based upon the Tentative Map for Subdivision 6675 dated August 30, 1985, and the Preliminary Development Plan for PUD 85-9 dated August 30, 1985 as modified by the Conditions of Approval as contained herein. Any revision to these plans shall be submitted for review by the Chief of Planning and City Engineer. 2. That the total number of residential lots shall not exceed 43. 3. That the land uses and minimum dimensional standards and requirements for principal and accessory structures of these lots shall be generally as provided in the R-10 district except as otherwise modified by these conditions or at the time of architectural approval based on unusual lot shape or topography. Residential building height shall not exceed 28 feet above average grade. Any deviation from these criteria or interpretation of standards shall be subject to the administrative review and approval of the Chief of Planning. 4. For purposes of unit siting, the following criteria shall apply: a. On opposing corner lots, at least one unit shall be one story. b. The same unit plan or elevation shall not be located next to or directly across the street from each other. c. Front yard setbacks shall be varied to create additional visual relief. d. Sideyard fencing shall be located so as to combine sideyard areas with frontyard to the greatest extent possible. e. On corner lots, the minimum street side setback shall be 10 feet. -A2 - 5. Architectural approval for plans submitted as part of the Final Development Plan is not granted with this approval. Plans, including floor plans and elevations shall be submitted for review and approval of the Architectural Review Subcommittee of the Planning Commission ~//~~ prior to issuance of individual building permits. Building plans shall incorporate but not be limited to the following design criteria: a. This project shall be considered a custom home subdivision. Individual structures shall be designed accordingly. b. All four exterior unit elevations shall be trimmed and detailed similar to front elevations. Trim material around doors and windows shall be a minimum 1 5/8" thickness. c. Where tile roofing is to be emDloved. red tile roofing shall be discouraged in favor of slate, grey or brown colored concrete tile with a dull finish. d. White stucco finishes shall be avoided in favor of beige or earthtone colors. e. All air conditioners/condensers shall be ground mounted and screened from public view. f. Approved spark attestors shall be installed on each chimney used for fireplaces and appliances in which solid or liquid fuel may be used. g. If the City of Danville adopts an ordinance addressing requirements for fire retardant roofing on a Citywide basis prior to issuance of building permits for this project, then the developer shall comply with the requirements of that ordinance. 6. That the boundary line between proposed open space lots 45 and 46 as shown on the development plan and tentative maD. shall be relocated from 200 to 300 feet to the north and closer to Sycamore Creek and approximately follow the 490 foot elevation contour line. The precise location of this boundarv shall be determined subseauentl¥ in conjunction with the acguisition of the desianated Dark site as shown on the Sycamore Valley Specific Plan. -A3- -- 7. All grading within the areas designated as open space shall be at slopes no greater than 3:1. 8. That a project landscape, street tree and entryway plan be submitted for review and approval by the Chief of Planning. This plan shall conform to the requirements of the Sycamore Valley Specific Plan. Two street trees shall be required for each interior lot and three trees per corner lot. Trees shall be minimum 15 gallons in size. 9. That the developer shall follow all the recommendations contained in the Geologic and Soils Investigation (No. AO-1147-J1) as prepared by Applied Soil Mechanics, Inc. in the final design and construction of the project. 10. That the effective date of tentative map and development plan approval shall be the effective date of the ordinance accomplishing the rezoning of the subject property as adopted by the City Council. 11. Developer shall participate in an assessment district or other funding mechanism for completion of all requirements contained in the Sycamore Valley Specific Plan pursuant to the approved Scope of -- Improvements as amended and adopted by the City Council on July 3, 1985. In addition, the developer shall participate in a Lighting and Landscaping Maintenance District to be formed in accordance with the Landscaping and Lighting Act of 1972. 12. The applicant shall explore the possibility of annexing the project to the existing Sycamore H.O.A. If this alternative is not feasible Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation and By-laws for a mandatory homeowners association (HOA) shall be prepared for the project. The City shall be made a third party beneficiary as to the sections of the CC&Rts which address any applicable conditions included in the project conditions of approval, and the following areas of concern: A. Maintenance of private drainage systems, lot grading and landscaping, and subdrain areas. B. Prohibition of recreational vehicle parking. C. Construction of architectural additions and/or remodels, swimming pools and accessory structures of any kind shall require the approval of the HOA and the City of Danville.- D. A permanent maintenance agreement for all landscaping in common areas will be required from the HOA assuring regular maintenance including irrigation, fertilization and weed abatement. E. All Emergency Vehicle Accessways (EVA's) and fire trails within the area controlled by the HOA shall be maintained by the HOA. F. Drip irrigation systems should be considered where practical. As built irrigation plans shall be provided to the HOA for all common areas. G. CC&R's shall include the City as a beneficiary of the agreement. The City shall be granted right but not the duty of enforcing any provisions contained in the CC&R's. Additions to the CC&R's by the HOA consistent with the original CC&R's may be made at the discretion of the HOA. Any changes pertaining to conditions of approval imposed upon the project shall be submitted to the City for review by the City Attorney. H. Membership in the HOA is mandatory for all lot owners in the subdivision. I. No antennas, microwave or satellite receiving dishes or other broadcasting or receiving devices shall be permitted. J. Flood Control District responsibility for maintenance of Sycamore Creek shall be limited to maintenance of drop structures, clearing of debris and sediments as necessary to maintain capacity and preventing future erosion from exceeding the limits of the flood plain. County Flood Control shall have the right of access over any private streets within the project. Prior to filing of a final subdivision map, the City Attorney shall review the CC&Rs to assure that all applicable conditions of approval have been addressed. -AS- 13. The developer shall comply with the requirements of the San Ramon Valley Unified School District as specified in the Sycamore Valley Specific Plan. Said compliance shall be verified in the form of a letter of understanding or agreement prior to issuance of grading permits or recordation of Final Maps, whichever shall first occur. 14. Within 30 days of the date of Planning Commission approval, the Tentative Map and Development Plan shall be revised to include all applicable conditions contained herein and resubmitted to the City Engineer. 15. All interior subdivision streets shall be dedicated to the City of Danville and constructed to City public road standards, or to the satisfaction of the City Engineer. 16. The developer shall enter into an acceptable i agreement with the City, addressing the disposition and improvement of lands designated as open space prior to issuance of grading permits or recordation of Final Maps for the project, whichever shall first occur. 17. Eight foot wide public utility easements shall be provided adjacent to both sides of all proposed street rights-of-way throughout the project. 18. As part of Tunbridge Road extension, the existing cul-de-sac shall be removed and new curb and sidewalk constructed to provide conformity between existing and new roadway. 19. In accordance with Section 92-2.006 of the City Ordinance Code, this project shall conform to the provisions of the City subdivision ordinance (Title 9) and. where relevant. be consistent with the provisions of the Sycamore Valley Specific Plan. Any exceptions therefrom must be specifically listed in the conditional approval statement, attached to the Tentative Map. 20. All street signing shall be installed by the developer as required by the City. This shall include, but is not necessarily limited to, "stop" signs, "no parking" signs, "not a through street" signs, and street name signs. Traffic signs and parking restriction signs must be approved by the Police Department. All signage shall be -- consistent with the existing sign format of the .- Sycamore Subdivision area. -A6- 21. Handicapped ramps shall be provided as required by State of California Title 24, and by the City Engineer. 22. Submit improvement plans prepared by a registered Civil Engineer to the City Engineer for review and inspection. These plans shall include any necessary traffic signing and striping plans. 23. The street lighting design shall be submitted as part of the improvement plans. california Public Utilities Commission (CPUC) schedule LS-2-C is the applicable schedule. 24. Install street light standards and luminaries of the design, spacing, and locations approved by the City Engineer and the Chief of Planning. 25. A current title report and copies of the recorded deeds of all parties having an interest in the property and, if necessary, copies of deeds for adjoining properties and easements, thereto, shall be submitted at the time of submission of the Final Subdivision Map for the City Engineer. __ 26. Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the subdivision shall be submitted at 1" - 300 ft. scale, for City mapping purposes. 27. Furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. 28. Submit improvement plans to the City Engineer for review; pay the plan review, inspection and applicable lighting fees. 29. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, -- erosion, settlement, and seismic activity. -A7- - 30. If grading is commenced prior to filing the Final Map, a surety or guarantee, as determined suitable by the City Engineer, shall be filed with the City of Danville to ensure restoration of the site to a stable and erosion resistant state if the project is terminated prematurely. 31. Any grading on adjacent properties will require written approval of those property owners affected. 32. All grading plans shall be accompanied by erosion control and revegetation plans. 33. Dust control measures, as approved by the City Engineer shall be followed at all times during grading and construction operations. 34. Construction and grading operations shall be limited to weekdays (Monday through Friday) and the hours from 7:30 A.M. to 5:30 P.M. unless approved in writing by the City Engineer. 35. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and deposition of sediments in - Sycamore Creek. All exposed erosive slopes resulting from grading activities should be hydromulched or otherwise stabilized by project developers each year by October 15. Exceptions may be granted by the City Engineer. 36. The soils engineer shall sign the final grading plans. 37. The applicant's civil Engineer shall do a drainage study and recommend drainage improvements for review and approval by the City Engineer. The study shall determine the nearest adequate downstream drainage facility to which this development can discharge its runoff. The develoepr shall be responsible for any off-site facilities required to convey runoff to the adequate downstream drainage facility. -AS- Drainage facilities and drainage easements shall be provided to the satisfaction of the City Engineer and, where appropriate, the Chief Engineer of the Contra Costa Flood Control District. 39. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. 40. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 41. Storm drain facilities shall be designed to channel water into natural drainage ways. Outfall lines should be designed to carry water from the edge of developed areas to energy dissipators at nearby creekbeds in order to minimize erosion that will occur if outlets are placed at the top of slopes. 42. Storm drains shall be placed in streets or open space corridors wherever possible and the plan shall be designed so that this can be accomplished -- without the pipes being excessively deep. 43. If a storm drain must cross a lot, or be in an easement between lots, the easement width shall be equal to or at least double the depth of the storm drain. 44. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 45. Under-sidewalk drains shall be provided to allow on-site drainage to be tied in, should the need arise. 46. Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being picked up by an approved drainage system. 47. The developer shall confer with the City Engineer prior to the preparation of improverment plans in order to determine appropriate measures to control rear Yard. patio area. and down Spout drainage of the 10rs within the mrodect. . ° -A9 - 48. Provisions shall be made to protect the subdivision improvements from hillside runoff via interceptor ditches, grade terraces, or similar facilities within the development. 49. The Sycamore Valley Specific Plan mentions Tunbridge Road and notes that the "existing road is a residential collector road and as such is not designed to carry heavy construction vehicles and equipment." The bond estimate for this subdivision shall include allowance for off-site street repair in order to assure that local streets will be restored to their original quality. 50. A storm drain shall be extended south from Tunbridge Road between lots 36 and 37 to pick up drainage from an existing swale. 51. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer. 52. Conduct a study of the impact this development will have on existing capacity of Sycamore Creek, both upstream and downstream. Construct off-site improvements on Sycamore Creek to mitigate any adverse impacts. Study to be reviewed by City and Flood Control staff. 53. Repair existing erosion along Sycamore Creek and as directed by Contra Costa Flood Control District. 54. The applicant shall offer for dedication the "development rights" along Sycamore Creek to the City in accordance to the Sycamore Creek Floodway Plan (Flood Control Zone 3-B, Project Amendment No. 7) and Flood Control District Drawing No. R-506. -A10- The applicant shall perform, or bond an amount 4dequate to ensure the proposed channel excavation and construction of levees in accordance with Flood Control District Drawing No. R-506. Any drainage improvements required in the Sycamore Creek floodway shall be built to enhance the natural appearance of Sycamore Creek and minimize the "man-made" look. Any work within the creek may be subject to the requirements of the Department of Fish and Game. The applciant shall notify the Department of Fish and Game, P.O. Box 47, Yountville, California, 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per Sections 1601 and 1602 of the Fish and Game Code. 56. Comply with all requirements of the San Ramon Valley Fire Protection District with respect to emergency vehicle access and all fire code requirements. 57. Sewage disposal serving the project shall be provided by the Central Contra Costa Sanitary District. 58. Water supply serving the project shall be by the East Bay Municipal Utility District (EBMUD). 59. Prior to filing the Final Map, the subdivider shall furnish the City Engineer with letters from EBMUD and Central Contra Costa Sanitary District stating that the Districts have agreed to furnish water service and sewer service respectively to each of the dwelling units and/or lot included on the Final Map of the subdivision. 60. Any water well, cathodic protection well, or exploratory boring shown on the map, that is known to exist, is proposed, or is located during the course of field operations, must be properly destroyed, backfilled, or maintained in accordance with applicable groundwater protection ordinances. The Health Services Department of Contra Costa County should be contacted (415/372-4200) for additional information. -All- 61. If arohaeologic materials are uncovered during grading, trenching or other excavation, earthowrk within 100 feet of these materials shall be stopped until a professional archaeologist who is certified by the Society of California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. 62. The applicant shall submit a list of proposed street names for review and approval prior to recordation of final maps. 63. Construction traffic shall be prohibited from using that segment of Camino TassaJara south of Diablo Road and north of Gatetree Drive. 64. Working Jointly, Sycamore Valley developers shall prepare a day care plan addressing the potential location(s) for day care facilities within Sycamore Valley based upon individual project demographics and demand. The day care plan including a schedule for implementation shall be submitted for the review of the Chief of Planning prior to the recordation of Final Maps for the project. Open wire fencing shall be used in all rear yard areas which abutt common open space or oDen space areas ultimately to be conveyed to any public agency. Open wire fencing shall also be used in side yard and rear yard areas which traverse 2:1 or 3:1 slopes. This provision shall be incorporated into the Dro4ect CC&R's. -A12- lp: pkview